Saturday, June 25, 2011

i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied for your information both are masters candidates and are eb2 filed but his was file months before mine and he got audited mine is in the process of being filed

not sure of whether this even matters and cases are indepedent but just wanted to know ahead of time if it calls for a sure denial

thanks chehuan

Chances for an audit are 95%:(

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mmk123

04-26 11:06 PM

Many of us came here because an American University admitted us and sent us invitation (aka I20) to attend the program and many are working here because american companies invited us and sponsored our work documents and pays us very well at par with other knowledge workers. The company and industry we work in, needs our skills (even in this recession) and that's why we are here.

Believe me, most of us won't let GC situation drive our lives and will succeed no matter where we will be and will make sure to be helpful and grateful to all people and the country we are in. May be it's India or US or Canada or else ...

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nayekal

02-17 11:29 AM

Hi Nayekal, I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

Can you please share your experience.

Thanks....

1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

Good Luck.

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seaken75

07-18 12:55 AM

What kind of RFE besides the letter from the OBG doctor?

if u go to the doc, they will perform the the tests that are ok to perform..

Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

In this case for any reason, if the 485 is cancelled, spouse will be out of status.

Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

Gurus Please guide.:confused:

I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once. I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.

Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.

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Ramba

10-24 11:49 AM

Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

Now the question I have is.

1- Can she travel to US on that H4 (the visa stamp is valid till 2010)? 2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

Let me know what you guys think. On mountain crossed and still more hills keep coming.

Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.

My lawyer says all I140 needs to be applied in NSC and so he has applied mine at NSC.

Is this true?

Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?

Thanks

All applications goto NSC. They sort and send some to texas. You have to be lucky. In my company among four friends of us, two went to Texas and another two unlucky onces when to NSC. NSC ones are still waiting while other two got approval within two months.

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Z.Liu

06-18 05:52 PM

Hi, Guys,

My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?

******requested for 485 filing************* For your wife:

1. Marriage certificate, w/English translation 2. Birth certificate w/ English translation 3. Biographical information page, and date of issuance/expiration page, from current passport 4. Copy of her current visa 5. Copies of other US visas you have had 6. Current I-94 card 7. Passport entry stamp from last entry into the United States 8. Six (6) passport photos

Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?

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pappu

09-01 10:06 AM

Yes, you must get another letter from company A, HR or some big official with all dates. Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.

And select a good lawyer. Read IV spotlight topic on it.

Ability to pay and RFEs used to be my favorite subject few years ago :)

Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!

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kaarmaa

05-04 11:48 AM

What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?

Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet

Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).

The following statement may be incorrect. Please consult an attorney You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.

Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.

Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)

When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more

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abracadabra102

10-18 06:09 PM

Some of our members like JunRUN, Hermione etc. already guessed that 800,000 is the total no. of applications received including 131/765 etc. Kudos to you!!.

FredG

January 31st, 2005, 12:09 PM

(not a tight crop, which is probably what it sounded like I meant).The difference was probably in my interpretation, rather than in your presentation.

vinnysuru

03-30 12:26 AM

You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.

If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.